ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.755 of 2005
For orders on CMA No.1563/2008 (Order 20 Rule 13 CPC)
10-3-2008
Mst. Sadia Jamil wife of Jamilur Rehman and daughter of S.M. Saeed Qureshi, Plaintiff No.2 , present in person
Muhammad Yousuf Qureshi, Defendant No.1 present in person
Muhammad Younus Qureshi, Defendant No.2 present in person
This is a suit for administration of property filed by the Plaintiffs late S. M. Saeed Qureshi and her daughter Sadia Jamil on 26-5-2005, against all the remaining legal heirs of deceased Haji Muhammad Azeem Qureshi, namely, Muhammad Yousuf Qureshi son of Haji Muhammad Azeem, Muhammad Younus Qureshi son of Haji Muhammad Azeem, Muhammad Ilyas Qureshi son of Haji Muhammad Azeem (now deceased), Zafar Shaikh, Mst. Hasina Begum (now deceased), Mst. Ameena Begum (now deceased), Mst. Rabia Begum and Mst. Zarina Begum, daughters of late Haji Muhammad Azeem.
The facts of the case are that deceased Haji Muhammad Azeem was the owner of a double storey bungalow No.317, Garden West, measuring 1199 square yards, Jamshed Town, Karachi (hereinafter referred to as "the suit property"). All the legal heirs of the deceased are entitled to their shares in the property. Presently, Muhammad Yousuf Qureshi, Mst. Rabia Begum, Mst. Zarina Begum and legal heirs of deceased Muhammad Ilyas Qureshi are residing in the suit property and Mst. Sadia Jamil though is not residing there but has put her lock on the portion which is in her possession. All the remaining legal heirs are either died or are living abroad or somewhere else in Karachi in their own houses, which they have built. Now a few legal heirs are enjoying the property on the cost of all other, who are not living in the suit property.
Admittedly, the suit property belongs to late Haji Muhammad Azeem, whose legal heirs are either occupying the suit property or are out of the suit property. The suit property is not in a position to be partitioned equally as the number of legal heirs are quite large. In my view the only solution to the controversy is that the suit property should be auctioned and all the legal heirs be given their respective shares according to Muhammadan Law.
Accordingly, Official Assignee is directed to take possession of the suit property and dispose of the same through public auction as per rules. The fee of the Official Assignee is fixed at Rs.25,000/- to be deducted from the sale proceeds of the suit property. Fee of Rs.15,000/- fixed by the Court previously for Deputy Registrar (Judicial) shall also be deducted from the sale proceeds of the suit property. Thereafter the remaining amount of sale proceed shall be distributed amongst all the legal heirs according to their respective shares in the suit property. However, the legal heirs of Haji Muhammad Azeem shall have the first right of refusal after matching the highest bid. The learned Official Assignee shall complete the job within two months.
Judge
ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Suit No.129 of 2004
1. For hearing of CMA No.796/2004 (O 39 Rules 1 &2 CPC)
2. For hearing of CMA No.3134/2004 (O XII Rule 6 CPC)
10-3-2008
Mr. S. Muhammad Iqbal Shah, Advocate for the Plaintiff
Mr. Muhammad Zahid Khan, Advocate for Defendants No.1 and 2
Mr. Ahmed Prizada, Additional AG for Defendants No.3 and 4
CMA No.3134/2004
This is an Application under Order XII Rule 6 CPC, filed by the Plaintiff. Mr. S. Muhammad Iqbal Shah, Advocate for the Plaintiff, through oral motion states that he wants to delete the names of Defendant No.3 (Mukhtiarkar (Revenue), Gulshan-e-Iqbal, Karachi) and Defendant No.4 (Member (Land Utilization), Board of Revenue, Government of Sindh, Karachi) from the array of Defendants as he has not sought any relief against them. Mr. Ahmed Prizada, the learned Additional AG states that if no relief is being sought against the Defendants No.3 and 4, any order passed in this suit will not be binding on them. Mr. S. Muhammad Iqbal Shah, Advocate for the Plaintiff, agrees to this proposition.
Mr. Muhammad Zahid Khan, learned Counsel for the Defendants No.1 and 2 states that the suit may be decreed on admission but the Plaintiff be directed to deposit Rs.10,00,000/- for Defendants No.1 and 2, with the Nazir of this Court, towards escalation of price, which has occurred during pendency of the suit. All Government dues shall be paid to the concerned departments by the plaintiff as mentioned in the report dated 11.9.2007, issued by Mukhtiarkar, Gulshan-e-Iqbal, Karachi.
In view of the above, the suit is decreed on admission as prayed. Plaintiff is directed to deposit Rs.10,00,000/- with the Nazir of this Court, which can be withdrawn by the Defendants No.1 and 2 upon proper verification. Defendants No.3 and 4 are deleted from the list of the Defendants of this Suit and the order passed by this Court will not effect the rights of Defendants No.3 and 4.
CMA No.796/2004 is dismissed as having become infructuous.
Judge